Category

Absolute or conditional discharge

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Page and summary

Date added to site

Categories

R (Brown) v North East Thames MHRT [2000] EWHC 640 (Admin) — It was not in the public interest interest to pursue the judicial review of a Tribunal decision to discharge conditionally rather than absolutely: there had subsequently been a recall and a further well-reasoned conditional discharge; even if the applicant won he would be granted no relief.

Grey v UK 34377/02 [2002] ECHR 854 — A Tribunal granted an absolute discharge because the claimant suffered from no mental disorder, but on judicial review this was quashed because they had not first considered conditional discharge; a subsequent Tribunal reclassified him and upheld continued detention; his complaint under Article 5(1)(e) was rejected (no duty immediately and unconditionally to release into the community), as were complaints under Article 5(4) (no undue delay) and Article 6 (no right to appeal).

R (SSHD) v MHRT, re Wilson [2004] EWHC 1029 (Admin) — MHRT found that patient did not suffer from psychopathic disorder and directed absolute discharge; their decision was quashed because they had failed to consider conditional discharge criteria (i.e. whether patient should remain liable to be recalled for further treatment). Also: MHRT had no power to defer absolute discharge; had failed to explain why they rejected the RMO's evidence; and had misunderstood the legal definition of treatability.

Reid v Secretary of State for Scotland [1998] UKHL 43 — (1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational.